The Local Transport Act 2008 (Commencement No. 2 and Transitional Provision) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 11th January 2010 provisions of the Local Transport Act 2008 (“the Act”). Where the Act provides for the Welsh Ministers to commence provisions as respects Wales, provisions extending to both England and Wales are commenced in relation to England only. One transitional provision is also made.

Article 2 commences the following sections.

In Part 3 of the Act (bus services) sections 19 to 45, which amend provisions in Part 2 of the Transport Act 2000 (“TA 2000”). These provisions enable local transport authorities to make quality contracts schemes. These sections are commenced as respects England only.

Commencement is subject to the transitional provision in article 3 which provides that where the authority has taken steps to ensure that, on the coming into force of section 20 of the Act, they have satisfied the notice and consultation requirements in section 125(1) of the TA 2000 as amended by that section, notice is deemed to have been given to the senior traffic commissioner of proposals to make a scheme on the day that section 20 comes into force. That date is relevant in respect of the timescales prescribed in the Quality Contracts Schemes (QCS Boards) (England) Regulations 2009, which come into force on 11th January 2010, for the constitution of a QCS board.

In Part 4 of the Act (general provisions relating to passenger transport), section 49. This section amends and inserts new provisions into the Transport Act 1985 to prescribe the procedure under which local services may be registered, in certain circumstances, in an area where a quality contracts scheme is in force. This section is commenced as respects England and Wales.

In Part 8 (supplementary provisions), section 131, so far as it relates to prescribed repeals in Schedule 7, and those repeals. These provisions are commenced as respects England only.